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MANDEL v. BOSTON PHOENIX, INC.

No. 05-1230.

456 F.3d 198 (2006)

Marc E. MANDEL, Plaintiff, Appellee, v. The BOSTON PHOENIX, INC., et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided July 12, 2006.

Rehearing Denied August 2, 2006.

Attorney(s) appearing for the Case

Robert A. Bertsche, with whom Paige A. Scott Reed and Prince, Lobel, Glovsky & Tye LLP, were on brief, for appellant Lombardi.

Daniel J. Gleason, with whom Rebecca L. Shuffain and Nutter, McClennen & Fish, LLP, were on brief, for remaining appellants.

Stephen J. Cullen, with whom Jennifer J. Coyne, Miles & Stockbridge P.C., and Mary A. Azzarito, were on brief, for appellee.

Before SELYA, Circuit Judge, CYR, Senior Circuit Judge, and LIPEZ, Circuit Judge.

AMENDED OPINION*

SELYA, Circuit Judge.

The oenologist's creed teaches that we should drink no wine before its time. Much the same principle applies to summary judgment; it is a deliciously helpful device if properly timed, but one that can leave a sour taste if brought to bear on an insufficiently fermented record.

This appeal, which follows on the heels of a substantial verdict in a defamation suit, is a paradigmatic...

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